RESOLUTION OF THE PROGRAMMING SUB-COMMITTEE

The Programming Sub-Committee appointed by the Speaker in respect of the Bill agreed the following Resolution at its meeting on Tuesday 4th December (Sessional Order C relating to Programming):

That

(1) during proceedings on the Employment Bill the Standing Committee do meet on Tuesdays at half-past Ten o'clock and at half-past Four o'clock and on Thursdays at half-past Nine o'clock and at half-past Two o'clock, except that on Thursday 6th December 2001 the Committee shall not meet at half-past Two o'clock and on Tuesday 8th January 2002 the Committee shall not meet at half-past Ten o'clock;

(3) the proceedings on Clauses 22 to 29, Schedule 2, Clauses 30 and 31, Schedule 3, Clauses 32 to 38, Schedule 4, Clauses 39 to 41 (so far as not previously concluded) shall be brought to a conclusion at 7 p.m. on Tuesday 18th December 2001;

(4) the proceedings on Clauses 1 to 12, Schedule 1, Clauses 13 to 21 (so far as not previously concluded) shall be brought to a conclusion at 7 p.m. on Tuesday 15th January 2002;

(5) the remaining proceedings on the Bill (so far as not previously concluded) shall be brought to a conclusion at 7 p.m. on Tuesday 22nd January 2002.

Mr Alan Johnson has given notice of his intention to move a motion in the terms of the resolution of the Programming Sub-Committee [Sessional Order C(9) relating to Programming (28th June)].

Mr Philip Hammond
Mr Charles Hendry

7

*Clause 22, page 32, line 1, leave out 'may' and insert 'shall'.

Mr Philip Hammond
Mr Charles Hendry

9

*Clause 22, page 32, line 5, leave out 'may' and insert 'shall'.

Brian Cotter
Norman Lamb

1

*Clause 22, page 32, line 16, at end insert

'( ) In making an order under this section the tribunal shall take into account the circumstances of the party and their representative and in particular whether the representative is or may be paid for their services and any other relevant circumstances.'.

Brian Cotter
Norman Lamb

6

*Clause 22, page 32, line 16, at end insert

'( ) The Regulations made under subsection (1A) shall provide that a tribunal may make an order described in paragraphs (a) to (c) if, in the opinion of the tribunals, the representative concerned has asked vexatiously, abusively, disruptively or otherwise unreasonably.'.

Mr Philip Hammond
Mr Charles Hendry

11

*Clause 22, page 32, line 16, at end insert

'(d)

to prevent a representative of a party to proceedings before it who is subject to an order under subsections (b) or (c) above from recovering any such costs or expenses or allowances (as the case may be) from the person represented.'.

Mr Philip Hammond
Mr Charles Hendry

12

*Clause 22, page 32, line 16, at end insert

'(dd)

to make an order prohibiting a representative of a party to proceedings before it from representing parties before Employment Tribunals or Employment Appeals Tribunals for a specified period of time by reason of the representative's conduct of the proceedings.'.

Mr Philip Hammond
Mr Charles Hendry

13

*Clause 22, page 32, line 16, at end insert

'(de)

to ensure that the cost of any disallowance ordered under paragraph (a) above is met by the representative and not the person represented.'.

Mr Philip Hammond
Mr Charles Hendry

14

*Clause 22, page 32, line 16, at end insert

'(1AA) Regulations made under subsection (1A) above may not discriminate between different classes or types of representatives or between representatives on the basis of whether they represent applicants or respondents.'.

'and such regulations shall make provision for taxing or otherwise settling the amount of payment to be made or for fixed sums to be payable by reference to criteria set out in the regulations.'.

Mr Philip Hammond
Mr Charles Hendry

16

*Clause 22, page 32, line 27, at end add

'(3) After that section there is inserted

"13B Charges for Applications to Employment Tribunals

Employment Tribunal procedure regulations may include provision for authorising an employment tribunal to charge a fee payable by an applicant upon lodging an application with the tribunal, in such amount as the regulations shall provide.'".

Mr Philip Hammond
Mr Charles Hendry

18

*Clause 23, page 32, line 32, leave out 'may' and insert 'shall'.

Mr Philip Hammond
Mr Charles Hendry

20

*Clause 23, page 32, line 34, leave out 'may' and insert 'shall'.

Mr Philip Hammond
Mr Charles Hendry

21

*Clause 23, page 32, line 41, at end insert

'(dd)

to make an order prohibiting a representative of a party to proceedings before it from representing parties before Employment Tribunals or Employment Appeals Tribunals for a specified period of time by reason of the representative's conduct of the proceedings.'.

Mr Philip Hammond
Mr Charles Hendry

22

*Clause 23, page 32, line 41, at end insert

'(de)

to ensure that the cost of any disallowance ordered under paragraph (a) above is met by the representative and not the person represented.'.

Mr Philip Hammond
Mr Charles Hendry

23

*Clause 23, page 32, line 41, at end insert

'(c)

to prevent a representative of a party to proceedings before it who is subject to an order under paragraph (b) above from recovering such costs or expenses from the person represented.'.

Mr Philip Hammond
Mr Charles Hendry

24

*Clause 23, page 32, line 41, at end insert

'(2A) Regulations made under subsection (2) above may not discriminate between different classes or types of representatives or between representatives on the basis of whether they represent applicants or respondents.'.

Mr Philip Hammond
Mr Charles Hendry

19

*Clause 23, page 32, line 42, leave out 'may' and insert 'shall'.

Mr Philip Hammond
Mr Charles Hendry

25

*Clause 23, page 33, line 2, at end add

'( ) After that section there is inserted

"34A Compensation for preparation time

Appeal Tribunal procedure rules shall include provision for authorising an Appeal Tribunal to order a party to proceedings before it to make a payment to any other party in respect of the time spent by that other party in preparing his case and shall make provision for taxing or otherwise settling the amount of payment to be made or for fixed sums to be payable by reference to criteria set out in the rules".'.